Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
282
STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 2/10/2017 ORDERING the plaintiff to deliver a cashier's check in the amount of $182,000.00 to Wells Fargo's counsel, payable to "AFRCT Client Trust Account", w ithin three days in lieu of depositing a cashier's check in the amount of $186,706.43 with the Clerk of Court as required by the 280 Order; ORDERING Wells Fargo to provide the plaintiff with an executed Notice of Satisfaction of Judgment covering the award of attorney's fees upon receipt of the $182,000.00 cashier's check. (Michel, G.)
A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP
1 Robert A. Bailey (#214688)
rbailey@afrct.com
2 ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
3 301 N. Lake Ave., Ste. 1100
Pasadena, California 91101-4158
4 Telephone: (626) 535-1900
Facsimile: (626) 577-7764
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Attorneys for Defendant
6 WELLS FARGO BANK, N.A., successor
by merger with Wells Fargo Bank
7 Southwest, N.A., f/k/a Wachovia Mortgage,
FSB, f/k/a World Savings Bank, FSB
8 (“Wells Fargo”), sued as “Wells Fargo Bank
NA, Inc.; Wachovia Mortgage Corporation”
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION
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13 DENNLY R. BECKER; THE BECKER
TRUST DATED MARCH 25, 1991,
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Plaintiffs,
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v.
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WELLS FARGO BANK, NA, INC.;
17 WACHOVIA MORTGAGE CORPORATION;
DOES 1-20,
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Defendants.
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CASE NO.: 2:10-CV-02799-TLN-KJN
STIPULATION AND ORDER RE:
SUPERCEDEAS BOND FUNDS
Judgment:
September 9, 2014
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WHEREAS, the Court entered judgment against Plaintiffs and in favor of Defendant,
22 Wells Fargo Bank, N.A. (“Wells Fargo”).
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WHEREAS, following entry of judgment, the Court granted Wells Fargo’s motion for
24 attorney’s fees in the amount of $146,493.50 (ECF No. 227).
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WHEREAS, Plaintiff separately appealed the judgment and the award of attorney’s fees.
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WHEREAS, in order to stay enforcement of the attorney’s fee award, Plaintiff posted a
27 supersedeas bond with the court in the amount of $188,706.43. (ECF No. 248)
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WHEREAS, Plaintiff’s appeals of the underlying judgment and attorney’s fee award have
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CASE NO.: 2:10-CV-02799-TLN-KJN
STIPULATION RE: SUPERSEAS BOND
1 been concluded and this Court’s orders in both respects were affirmed. The 9th Circuit has issued
2 its mandate and the fee award and judgment are no long subject to appellate review.
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WHEREAS, in January 2017, the Court’s clerk erroneously returned the supersedeas
4 bond funds to Plaintiff.
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WHEREAS, the Court discovered the error and issued an order on February 2, 2017
6 requiring Plaintiff to submit a cashier’s check to the clerk in the amount of $188,706.42. (ECF
A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP
7 No. 280).
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WHEREAS, Plaintiff agrees that Wells Fargo is entitled to recover most of the
9 supersedeas bond funds as satisfaction for the attorney’s fee award affirmed on appeal.
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WHEREAS, in order to avoid further motion practice and to eliminate a step in the
11 process for the release of the bond funds, the Parties hereby stipulate as follows:
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1.
Within three days of the Court’s order approving this stipulation, Plaintiff will
13 remit a cashier’s check in the amount of $182,000 (made payable to “AFRCT Client Trust
14 Account”) directly to Wells Fargo’s counsel, rather than to the Court. This will save the parties
15 and Court time and resources by eliminating the need for the Court to hold and track the bond
16 funds or to resolve a motion or issue an order releasing the funds to Wells Fargo.
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2.
Upon receipt of the $182,000 payment described above, Wells Fargo’s counsel
18 will provide Plaintiff with a Notice of Satisfaction of Judgment with respect to the attorney’s fee
19 award. Plaintiff further agrees not to pursue any further appellate, certiorari or other review of
20 the judgment and attorney’s fee award.
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IT IS SO STIPULATED.
22 Dated: February 8, 2017
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ANGLIN FLEWELLING RASMUSSEN
CAMPBELL & TRYTTEN LLP
By:
/s/ Robert A. Bailey
Robert A. Bailey
Attorneys for WELLS FARGO BANK, N.A.
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Dated: February 8, 2017
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Denely Becker
Plaintiff, Individually and as Trustee of the Becker
Trust
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CASE NO.: 2:10-CV-02799-TLN-KJN
STIPULATION RE: SUPERSEAS BOND
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ORDER
Based on the stipulation of the parties and good cause appearing therefore, it is hereby
3 ordered that:
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1.
In lieu of depositing a cashier’s check in the amount of $186,706.43 with the
5 Clerk of the Court as required by the Court’s February 2, 2017 Order (ECF No. 280), Plaintiff
6 shall deliver a cashier’s check in the amount of $182,000 to Wells Fargo’s counsel, payable to
A NGLIN F LEWELLING R ASMUSSEN C AMPBELL & T RYTTEN LLP
7 “AFRCT Client Trust Account”, within three days of the date of this order.
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2.
Upon receipt of the $182,000 cashier’s check, Wells Fargo will provide Plaintiff
9 with an executed Notice of Satisfaction of Judgment covering the attorney’s fee award (ECF No.
10 227).
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IT IS SO ORDERED.
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13 Dated: February 10, 2017
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Troy L. Nunley
United States District Judge
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CASE NO.: 2:10-CV-02799-TLN-KJN
STIPULATION RE: SUPERSEAS BOND
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